Refusal of entry for Spouse Visa...

A: Photos I include do they need to be actual photos or can I print them on printer paper?

If you have actual photos, those would be better.  In regards to documentation, everything should be an original copy or a certified copy.  If this isn't possible (ex. Skype logs where paper copies aren't issued to begin with, or photos only taken with a digital camera or phone) then you can print them off at home.

B: Should I include a copy of the refusal?

Yes.  We also recommend that you include a covering letter addressing the refusal.  Usually just the sponsor needs to include a letter; however, we advise the applicant include a letter if there's something in the application that needs to be addressed (ex. previous refused visa or entry, previous breach of the immigration rules, etc).

C: When having used skype with my husband we have only used the free side of skype. So I can only find the call logs for my most recent computer. Does anyone know how to records from further back? I couldn’t find anything when I googled but I figured I would double check.

Unsure of this one; I'm not a regular enough user of Skype to know how (if) to recall logs.  Hopefully someone else familiar with Skype can advise?

D: Is it going to be a problem that I have no call records before February 2016?

You should be able to demonstrate your relationship throughout its duration.  If you state your relationship began (for example) July 2015, you should be able to demonstrate this with evidence spread out evenly from July 2015 to the present (ex. photos during visits, communication logs, flight tickets to see each other, etc).

Pay particular attention in providing evidence that you've maintained regular contact with your UK partner since you've been married.
 

E: For both Skype/Facebook I can get logs that show the text but its nothing “official”. Will that work or does a printscreen show of conversations (with the message whited out) work best?

No worries about Skype or Facebook.  There aren't original copies available in these kinds of formats, so printouts of message/call logs are fine.  No need to show your actual conversations; just that you've maintained regular contact in a continuing relationship.

F: One of the lists I read said to include 1-2 pages of screenshots of IM messages. Is there anything in particular I should be trying to screenshot? I have 3 and a half years of messages and I just don’t know what I should be looking for.

You should try and document that you've been in a relationship with your sponsor for the time you state.  If you say that you've been in a relationship since (for example) July 2015, try and get screenshots of being in contact since then.  Something like:

16/07/2015 Video Call [name] Duration 30:48
25/07/2015 Video Call [name] Duration 58:01
10/08/2015 Video Call [name] Duration 35:41
29/08/2015 Video Call [name] Duration 49:28
16/09/2015 Video Call [name] Duration 26:27
And so on until present.

G: That list also said to include a proposed flight itinerary. And this may be the most dunce question ever but… Am I just looking up the dates I would like to go and sending a possible flight itinerary or are they looking for something more?

You've got it.  Provide a date you would like to travel, and a printout of a possible flight or two around that date. 

Do not book any travel though until the visa is approved and you've had the chance to inspect it for errors.  If processing hits a snag and takes longer than expected or if you need to send the visa for a correction (ex. misspelled name), you could potentially miss your travel date and that's usually an expensive delay due to the additional charges of changing a ticket date or potentially needing to buy a whole new ticket.

It's not unheard of for people having typos on their visas and needing to get them corrected before travel, so err on the safe side and ensure you've not only got the visa before booking travel, but the visa also has your personal details correct!

H: My husband is collecting all his paperwork in Scotland. Does he have to mail them to me to mail in or can he mail them in himself once I apply?

All the application materials should be sent in one package.  He can either send all his supporting documentation to you and you can send it with yours, or you can send him your supporting documentation and he can add it to his and send it himself.  It doesn't matter, but ensure all the documents are together.

But now I am worried about my husband's pay. He makes over 19k however his pay each week is rather sporadic, never quite the same. He will have weeks when its far below the 1550 mark and then weeks when its far over. What do I do?

What financial category are you applying under?  It sounds like this is Category B variable income?

Have you posted the exact wording of your refusal letter (personal details redacted)?  If not, it would be helpful to do so as we can help identify the exact shortfalls of the previous application and ensure that all the tick boxes definitely get ticked this time around.

Thank you for your responses!

Okay so here is my refusal letter...



A: I talked to my husband who went over his pay stubs for the past 6 months. His lowest pay is £348 a week and his highest is £568 a week, most of them are around £501 a week. His pay stubs show that even if he only makes the £348 a week for the remaining 20 weeks he will still make over £19,000. Do I need to be worried about how sporadic this is?

B: We have the P60 for the past 3 years for my husband. 2013 shows he made £18,100, 2014 shows he made £18,500, and 2015 shows he made £19,548. While it shows an increase over the past years I wasn't sure if we should include all the years or just that for 2015.

C: I have a trust fund that I believe would more than cover the financial requirement. However I do not get full access until September 2018. The official letter I have for my trust states that I can use the trust for my "health, maintenance, support and education." I planned on sending the trust information with a cover letter explaining but I figured since I don't have full access that I can't use it on the application. But can I use it on the application? As like a savings?

Okay, looking at the refusal, it looks like the things to address are:

1.  Relationship evidence.

Things to include here would be documents such as your marriage certificate, and records of your relationship throughout its duration, and especially evidence of keeping in communication and maintaining a long distance relationship since your wedding.  Examples could include photos of you together at varying stages of your relationship, logs showing you being in contact with each other throughout your relationship, and any receipts or ticket stubs of flights to visit each other during your relationship.

Again, there's no need for UKVI to know the personal details of what you talk about in actual conversation - just evidence that you maintain a relationship and communication throughout the time you specify as having a relationship with your UK sponsor.

Did your UK sponsor include a sponsor letter in support of your visa application?  This is a must for a successful application.

2.  Financial requirement

It appears your spouse has variable employment income?  For Category A, income is calculated according to the proceeding 6 months up to the application date.

Here's the calculation, and for example, say your application date will be 01 Dec 2016: 

Income A (Nov 2016) +
Income B (Oct 2016) +
Income C (Sep 2016) +
Income D (Aug 2016) +
Income E (Jul 2016) +
Income F (Jun 2016) = X

(X / 6) * 12 = £18,600 or greater.

If the above is true, then you can apply through Category A.  If you're applying under Category A, you need to provide:

- 6 months of payslips
- 6 months of bank statements (showing the payslip deposits)
- letter from employer confirming employment details (job title, salary, length of employment, employment type, etc)
- A P60 would be helpful if available (most recent)

Note that the most recent payslip/bank statement should be within 28 days of the application submission.

If you wish to use savings, the money must be available to use immediately.  If you do not have access to the account until 2018, it will not be counted towards the financial requirement.

3.  Accommodation

Are you staying with friends or family in the UK (ex. his relatives)?  Just with your spouse?  If so, does he own or rent the property? 

You need to provide accommodation evidence such as mortgage statements, lease agreements, letter from landlord giving you permission to live there, land registry, etc - what exactly you should include will depend on the exact situation (owning, renting, staying with family, etc).

The "good" side of this is that it appears the refusal was based on insufficient documentation, so it shouldn't be an issue to re-apply as soon as you have all the documents accounted for and have a successful application this time around.  There's nothing I can discern that is a true roadblock like outright not meeting the financial requirement, or a substantial criminal record, etc.  Good luck! 

EDIT:

When you're ready to re-apply, please feel free to post a comprehensive list of what documents you will be sending with your application package; we can have a look and see if we can spot anything that's missing or superfluous. 

Okay so the last thing I am wondering about is whether I can use my trust fund as a savings account on the application or not. From what I've read, it doesn't appear that I can however I would like to double check.

For a savings account to be permissible, all the following requirements must be met:

1. The bank/savings account is a current, deposit or investment account

2. The account is held is a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating

3. The financial institution is not on the list of excluded institutions under the Immigration Rules

4. Regular bank statements are provided

5. The statements cover the necessary time period required in the Immigration Rules

6. The savings are held in cash (or their cash value is clear)

7. The savings can be immediately withdrawn (with or without penalty)

8. The funds are under the control of the person and/or their partner for the necessary time period required in the Immigration Rules

9. The source of the funds is legal

10. The source of the funds has been declared

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

Page 50

If you are using savings to meet the financial requirement alone, you must demonstrate savings of at least £62,500.  This amount must have been held in the account over the last 6 months at minimum and not fallen below £62,500 during this time.

EDIT TO ADD:

If you are using savings to make up for a shortfall in employment income, the following formula applies:

[Difference between income and financial requirement (the shortfall)] * 2.5 + 16,000.

Example 1:  No income; using savings alone

18,600 shortfall * 2.5 + 16,000 = £62,500 in savings needed

Example 2:  Income 16,000; savings to make up shortfall

18,600 - 16,000 = £2,600 shortfall between income and minimum requirement
2,600 * 2.5 + 16,000 = £22,500 in savings needed

So I was right and I can't. Thank you!